CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
Cornell University Library 
 JN758 .C94 1881 
 
 Star chamber cases 
 
 olin 
 
 3 1924 032 540 589 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924032540589 
 
Star Chamber 
 Cases 
 
Star Chamber 
 
 Cases 
 
 SHOWING WHAT CASES PROPERLY BELONG TO THE 
 COGNIZANCE OF THAT COURT 
 
 3£ltprinteli from tfjc lEUttton of 
 1630 OR 164 1 
 
 BOSTON 
 
 SOULE AND BUGBEE 
 
 1881 
 
 3x> 
 
Copyright, 1881, 
 By Soule and Bugbee. 
 
 A 
 
 University Press: 
 John Wilson and Son, Cambridge. 
 
INTRODUCTION. 
 
 THE Court of Star Chamber "is now," 
 says Lord Coke, " and of ancient 4th Inst. 65, 66. 
 time hath been called the Cham- 
 ber of the Stars, the Star Chamber, the 
 Starred Chamber, in respect the roof of the 
 court is garnished with golden stars. In all 
 records in Latin it is called camera stellata." 
 The Council itself, whether Parliament was Paigrave, Au- 
 assembled or not, held its sittings in the King's Council, 
 " Starred Chamber," situated in the outer- ^' ^ ' 
 most quadrangle of the Palace, next the 
 bank of the river, and consequently easily 
 accessible to the suitors, and which at length 
 was permanently appropriated to the use of 
 the Council. " The Lords sitting in the 
 Starre Chamber " became a phrase. 
 
VI 
 
 INTR OD UCTJON. 
 
 Works, Vol. VI. Lord Bacon, in his "History of King 
 
 p. 8s, ed. Ellis , , . . 
 
 & Spedding. Henry VII., thus writes of the origin, au- 
 thority, composition, and jurisdiction of this 
 court : " The authority of the Star Chamber, 
 which before subsisted by the ancient com- 
 3 Hen. VII. cap. mon laws of the realm, was confirmed in 
 Bacon, Max. Certain cases by Act of Parhament. This 
 
 XXIII 
 
 Court is one of the sagest and noblest insti- 
 tutions of this kingdom. For in the dis- 
 tribution of courts of ordinary justice (be- 
 sides the High Court of Parliament) in which 
 distribution the King's Bench holdeth the 
 pleas of the crown; the Common Place,^ 
 pleas civil ; the Exchequer, pleas concerning 
 the King's revenue ; and the Chancery, the 
 Pretorian power for mitigating the rigour of 
 law, in case of extremity, by the conscience of 
 a good man ; ® there was nevertheless always 
 
 Court of Com- 
 mon Pleas. 
 
 The Lord Chan- 
 cellor. 
 
 1 It was, before the passing of the Judicature Acts, fre- 
 quently called Common Bench, as the former is called King's 
 Bench, but its most usual name is Court of Common Pleas. 
 
 "^ The High Court of Chancery is presided over by the 
 Lord Chancellor. He mitigates the severity or supplies the 
 defects of the judgments pronounced in the courts of law on 
 weighing the circumstances of the case, or, as Bacon says ia 
 the text, " by the conscience of a good man." Among the 
 Romans a like power was given to one of their magistrates, 
 
INTR OD UCTION. Vll 
 
 reserved a high and pre-eminent power to the Lord Bacon, 
 King's Council in causes that might in exam- HenryVii. 
 pie or consequence concern the state of the 
 Commonwealth ; which, if they were criminal, 
 the Council used to sit in the chamber called 
 the Star Chamber; if civil, in the White 
 Chamber, or White Hall.^ And as the Chan- 
 cery had the Pretorian power for equity, so 
 the Star Chamber had the Censorian ^ power 
 
 called Praetor, and the jus prEetorium, or the decisions given 
 by this magistrate, were distinct from the standing laws of 
 the nation. This is the distinction to which Bacon alludes. 
 History of King Henry VII. p. 257, ed. Lumby. 
 
 ' The present House of Lords is situated on the site of The " White 
 the " White Chamber," or " White Hall." The ancient Hall Chamber." 
 was nearly demolished in the reign of Queen Anne ; but on 
 the east side of the present robing chamber are two circular- 
 headed windows with indented mouldings, apparently of the 
 time of Henry II. — Palgrave, Authority of the King's 
 Council, p. 38 note. 
 
 ^ Among the Romans an officer called Censor was ap- Censor, 
 pointed every five years, and his office was considered the 
 highest dignity in the Republic. Among other functions, the 
 Censors exercised a moral jurisdiction and superintendence 
 which extended itself in time over the whole public and pri- 
 vate life of the citizens. We have instances where the Cen- 
 sors punished people for not marrying, for breaking a promise 
 of marriage, for divorce, for bad conduct during marriage, 
 for improper education of children, for extravagance, and for 
 other irregularities of private life. They also punished magis- 
 trates for bribery or neglect of duty, and persons who had 
 
Vlll 
 
 INTR OD UCTION. 
 
 " What Causes 
 properly belong 
 to the Cogni- 
 zance of the 
 Court." 
 
 " Court of Crim- 
 inal Equity." 
 
 Judges. 
 
 " Force," mean- 
 ing of. 
 
 ■ Stellionate." 
 
 for offences under the degree of capital. 
 This Court of Star Chamber is compounded 
 of good elements; for it consisteth of four 
 kinds of persons ; ^ counsellors, peers, prel- 
 ates, and chief judges: it discerneth also 
 principally of four kinds of causes ; forces,^ 
 frauds, crimes various of stellionate,* and the 
 
 committed perjury, or were neglectful of their civil or military 
 duties. Bacon compares the jurisdiction of the Star Cham- 
 ber to the court of the Roman Censor. History of King 
 Henry VII. p. 257, ed. Lumby. 
 
 ' In Attorney-General v. Sillem, 2 H. & C. 509, Chief 
 Baron Pollock observed : " We have had in this country no 
 Court of Criminal Equity since the Star Chamber was abol- 
 ished, as Lord Campbell called it, in a case which was tried 
 before him." Emperor of Austria v. Day, 3 De G. F. & J. 239. 
 
 ^ That is, by the provisions of the Statute of Henry VII. 
 The first kind was the Lord Chancellor, the Lord Treasurer 
 and the Lord Privy Seal, as Judges ; then (2) one Bishop ; 
 (3) one Temporal Lord ; and (4) the two Chief Justices, or, in 
 their absence, two other Justices. 
 
 ' The unlawful use of force, as it is explained below, the 
 combination of multitudes for unlawful purposes, and the 
 patronage bestowed by great men and men of influence on 
 such combinations. All the laws which relate to tlie keeping 
 of a large number of retainers have in view the suppression 
 of illegal outbreaks and faction fights. The Latin explains 
 this by suppressio turbarum illicitarum. 
 
 * The crimes of " stellionate " are any cozening or counter- 
 feiting of merchandise, any unjust or deceitful gaining, a ma- 
 licious or fraudulent bereaving another of his money, wares, 
 due provision or bargain. Cotgrave, Diet, ad voc. Post, 
 p. 10. 
 
INTRODUCTION. ix 
 
 inchoations ^ or middle acts towards crimes 
 capital or heinous not actually committed or 
 perpetrated. But that which was principally 
 aimed at by this act was force, and the two 
 chief supports of force, combinations of mul- 
 titudes, and maintenance or headship of 
 great persons." 
 
 " It is the most honourable Court," says 
 Lord Coke, " our Parliament alone excepted, 4* Inst. 65. 
 that is in the Christian world, both in re- 
 spect of the Judges of the Court and of their 
 honourable proceeding according to their just 
 jurisdiction, and the ancient and just orders 
 of the Court. For the Judges of the same Judges of the 
 are (as you have heard) the grandees of the 
 realm, the Lord Chancellor, the Lord Treas- 
 urer, the Lord President of the King's Coun- 
 cil, the Lord Privy Seal, all the Lords 
 spiritual, temporal, and others of the King's 
 most honourable Privy Council, and the prin- 
 cipal Judges of the realm, and such other 
 lords of Parliament as the King shall name. 
 And it is truly said. Curia cameras stellatae, 
 
 ■ That is, the prompting, aiding, and abetting ; the being 
 an accessory before the fact. 
 
X INTR OD UCTION. 
 
 si vetustatem spectemus, est antiquissima, si 
 dignitatem honoratissima. This Court, the 
 right institution and ancient order thereof be- 
 ing observed, doth keep all England quiet," 
 " Nor was the encomium undeserved," says 
 
 On the Authori- Sir Francis Palgrave. " If the Court of Star 
 
 Counciifp. no.* Chamber was despotic, yet, nevertheless, it 
 afforded a substantial compensation for in- 
 juries : the Star Chamber curbed the justice 
 and punished the jailor; vexatious wrongs 
 were easily and fairly redressed ; and, except 
 when the Crown was concerned, the inclinar 
 tion of the Court was generally in favour of 
 the poor, the humble, and the oppressed." 
 
 The Reporters, Mr. Wallace thus writes of the jurisdiction 
 of the Star Chamber in describing the origi- 
 nal of this reprint : — 
 
 Opening Scene " When Mr. Tustice Shallow, grieved by 
 
 of "The Merry ... , ^ „ 
 
 MTives of the ' disparagements of Falstafi, threatened 
 
 Windsor." , i <-. x-^i i /. . , 
 
 to make a Star Chamber matter of it, vow- 
 ing that ' if he were twenty Sir John Fal- 
 staffs, he should not abuse Robert Shallow, 
 Esquire,' — who writes himself 'Armigero,' 
 — he seems to have apprehended, with ju- 
 dicial exactness, the extraordinary jurisdic- 
 
INTRODUCTION. xi 
 
 tion of this tribunal, as presented in the Jurisdiction of 
 
 1 , r 1 , , . , the Star Cham- 
 
 volume before us; slanderous words against ber. 
 a King's Justice being one of the offences 
 specially punished by the Star Chamber, in 
 exercise of a peculiar as distinguished from 
 an ordinary jurisdiction.^ And the charity 
 of Sir Hugh, the parson, was much better 
 than his law when he supposed that the 
 Council desired "to hear the fear of Got, 
 and not to hear a riot ' ; unlawful assem- 
 blies, routs, riots, forgeries, perjuries, coz- 
 oanages, and libellings, being declared in 
 these Reports to be the matters which prop- 
 erly belong to the jurisdiction of the Star 
 Chamber." 
 
 In the third year of the reign of Henry Paigrave, Au- 
 Vn. an Act was passed giving the Court of Ki°ng's Council, 
 Star Chamber further authority to punish di- ^^' '^^' ^°'^' 
 vers misdemeanours. These are enumerated jurisdiction of 
 
 , - , , . . . tlie Court. 
 
 in the statute : unlawful maintenance, giving 
 of signs and liveries, tokens and retainers, 
 embracery, untrue demeaning of sheriffs in 
 the returns and panels of juries, and great 
 
 ' See post, p. 33, where a man was punished for this 
 ofEence. 
 
 ff 
 
the Court. 
 
 Xii INTRODUCTION. 
 
 riots and unlawful assemblies ; of which little 
 or nothing, according to the statute, could be 
 found by inquiry, that is to say, which the 
 grand juries refused to present,^ " whereby the 
 policy and good rule of the realm were almost 
 subdued." The statute was intended to pun- 
 ish offences concerning which the Courts 
 could not inquire by the common law. 
 Jurisdiction of By the time of Edward III. the jurisdic- 
 tion of this Court had become so oppressive 
 that various statutes were made to restrain 
 it, as was necessary in a Court where there 
 was no jury and the judicial members where- 
 of were the sole judges alike of law, of fact, 
 and of penalty. The regulations introduced 
 by the act of Henry VII. were virtually 
 the erection of a Court of Star Chamber 
 on the ruins of the old. The jurisdiction 
 of the Star Chamber was greatly extended 
 in the reign of Henry VIII., and its exer- 
 cise of criminal jurisdiction rendered it a 
 most odious institution under the succeeding 
 monarchs. It was abolished by the Long 
 
 • Lord Somers remarked on the Court of Star Chamber, 
 that, whatever its evils, it punished many "offenders too big 
 for ordinary justice." 
 
INTRODUCTION. xiii 
 
 Parliament in 1641, when "all that was good 
 and salutary in its jurisdiction " is said to have 
 reverted into the Court of King's Bench. 
 
 In Hudson's " Treatise of the Court of Star Hudson's 
 Chamber," printed in " Collectanea Juridica," 
 Vol. II. p. I, the reader will find a well written 
 " survey of the Court." ^ 
 
 F. F. HEARD. 
 Boston, December, 1881. 
 
 1 "This Treatise was compiled by William Hudson of 
 Gray's Inn, Esquire, one very much practised and of great 
 experience in the Star Chamber." — 4 Burr. 2553. 
 
STAR'GHAMBER 
 
 CASES. 
 
 Shewing 
 
 WHAT CAVSES PRO- 
 
 PERLY BELONG TO THE 
 
 COGNIZANCE OF THAT 
 
 C O V R T. 
 
 Colle£ted for the moft part out of M^ 
 
 Crompton, his Booke, entituled 
 
 'The lurifdiSlion of divers Courts. 
 
 L O N D O N, 
 
 Printed for Iohn Grove at Furniuals 
 
 Inne Gate. 1630. 
 
(I) 
 
 The Preamble, explaining the 
 
 caufes properly belonging to the 
 
 Cognizance of the Starchamber, viz. 
 Vnlawfull Affemblies, Routs, Riots, Forgeries, 
 Periuries, Cozenages, Libelling, and other 
 like mifdemeanors not efpecially provided 
 for by the Statutes. 
 
 :N Vnlawfull Affembly is the Vniawfuii Af- 
 meeting of three or more ^"^ '^^" 
 perfons together, with force 
 to commit fome unlawfull 
 adl, and abiding ftill, not 
 endevoring the execution 
 thereof, as to affault or 
 beat any perfon, or to enter into his Houfe or 
 Land, &c. Wejl part 2. Symbol. troBat. Indiil- 
 ments SeSiio 6. Lambert in his Eirenarch. faith 
 of it thus : An unlawfull affembly is the com- 
 pany of three perfons (or more) gathered to- 
 gether to doe any unlawfull a6t although they 
 doe it not in deed. So faith Kitchin fol. 20. 
 
 Rout is originally a French word fignifi- Rout, 
 ing a Company or flocke. It fignifieth in our 
 A 3 Com- 
 
(2) 
 
 mon Law an Affembly of three perfons, or 
 more going about forceably to commit an 
 vnlawf ull a6t, but yet doe it not. Weji part. 2. 
 Symbol. Tra£lat.Indi6lments.Se5l. 65. Lambert 
 thus writeth of it ; A Rout is the fame which 
 the Germanes yet call (Rot) meaning a Band or 
 great Company of men gathered together, 
 and going about to execute, or executing in- 
 deed any Riot or vnlawfuU A61. And (faith 
 Marrow) it is faid properly of the multitude 
 that affemble themfelues in fuch diforderly 
 fort for their common quarrels. As if the In- 
 habitants of a Townlhip doe affemble to pull 
 downe a hedge or pale, to haue Common 
 where they ought to haue none, or to beate a 
 man that hath done them fome publike of- 
 fence or difpleafure. But the Stat. 0/ iS>. Ed. 
 3. cap. I. which giueth Procefs of Outlawry 
 againft fuch, as bring routs into the prefence 
 of luftices, or in affray of the people ; and the 
 Stat, of Anno R. 2. cap. 6. that fpeaketh of ry- 
 ding in great Routs to make entry into lands, 
 to beat others, and to take their wiues, &c. do 
 feeme to vnderftand it more largely. 
 
 And it is a Rout whether they put their 
 purpofe in execution or not, if fo be that they 
 goe, ride or moue forward after their meet- 
 ing. Br. titulo Riot. ca. 5. So as it feemeth, 
 a Rout fhould be a fpeciall kinde of vnlawfull 
 Affembly. And the diforderly fadl commit- 
 ted 
 
(3) 
 
 ted generally by any vnlawfuU Affembly: 
 Howfoeuer it be, two things be common both 
 to Rout, Riot, and vnlawfull Affembly ; the 
 one that three perfons at the leaft, bee gathe- 
 red together ; for fo it is commonly taken at 
 this day, as I haue learned : the other that they 
 being together, doe breed diflurbance of the 
 Peace, either by fignification of fpeech, (hew 
 of Armour, turbulent gefture, or a(5tuall and 
 expreffe violence, fo that either the peaceable 
 fort of men bee vnquieted and feared by the 
 fadl, or the lighter fort & bufie bodre embold- 
 ned by the example. Thus farre M. Lamb, in 
 whom you may read much more to this pur- 
 pofe worth the reading. 
 
 A Ryot is the forcible doing of an vnlaw- Ryots, 
 full adl by three or more perfons affembled 
 together for that purpofe. Weft. part. 2. Sym- 
 bol. traSlat. IndiSlments SeSlio 65. Kitchin fol. 19. 
 giueth thefe examples of Ryots, the breach of 
 inclofures, or of banckes, or Conduits, Parks, 
 Ponds, Houfes, Barnes, the burning of ftacks 
 of Corne. And M'. Lambert in his Eirenar- 
 cha vfeth thefe examples, to beat a man, to en- 
 ter forcibly vpon a poffeffion. 
 
 The Statutes that concerne thefe matters 
 are thefe following, Anno 2. Edw. 3. cap. 3. 
 commonly called the Stat, of Northampton. 
 
 Anno 2. R. 2. Stat. 1. cap. 6. 
 
 Anno 13. H. 4. cap. 7. 
 
 Anno 
 
(4) 
 
 Anno 2. H. 5. cap. 8. & g. 
 
 Anno 8. H. 6. <ra^. 14. 
 
 Anno II. ^. 7. f<z^. 7. 
 
 ^««o 19. ^. 7. cap. 13. 
 
 /4««o I. ^ar. Pari. i. ^«/. 12. 
 
 Anno 2. i?. 2. 5'/'<zi?. prima cap. 7. 
 
 ^««^ 17. ^. 2. ^■a^. 8. 
 
 The Civilians call it Cceium, vel Turbam, 
 which we call an unlawfuU affembly, defining 
 it in thefe words : Turba ejl qua confijlit ex mul- 
 titudine hominum ad mali cujufquam perpetratio- 
 nem congregatorum ; and this multitude mufl 
 be of fifteene, or tenne at the leafl, Prcetor de 
 vi bono rapt. %. \. Et Barthol. ibidem. How- 
 beit, the Conftitutions and Cuftomes of di- 
 vers Countries doe reftraine this to a leffer 
 number : as to foure in Burgundy, ChaJJaneus 
 de Confuetud. Burgum rubri 13. §. 6. And it is a 
 private offence to any perfon, & lyeth civiliter 
 ad duplum only, within the compafs of the firft 
 yeare: and ad fimplum afterwards- for any 
 thing loft, or other harme incidently befal- 
 ling ; or in guadruplum, for any thing taken 
 away by any of the tumult. But it is alfo pu- 
 nifhed criminally, as a publike offence done 
 to the Commonwealth, and againft the 
 peace. And firft if the force be done without 
 armes, it is called vis privata, and punifhed 
 by the third part of his goods that caufeth it, 
 and by infamy that depriveth him of all pof- 
 
 fibility 
 
(5) 
 
 fibility either to become a Senatour, or a 
 Decurian, or a ludge, or other Honourable 
 perfon, or Officer. If it be with armes, then 
 it is termed vis publica, and is punifhed in the 
 intention no leffe than in the effe6l,/^r depor- 
 tationem, that is, perpetuall banifliment, if 
 he be a freeman ; or by death, if flaughter be 
 committed : If he be a fervant, then by death 
 (imply. The Saxons punifh it at this dsiy per 
 fajiigationem, vel manus amputationem. But 
 three things here be acceffarily incident. Firft, 
 that the force raifed be greater than may bee 
 refifted by him againft whom it is intended, 
 without other helpe. Next, that the force be 
 vis armaia, that is, qua fit adhibitis armis : the 
 third, that there be dolus, that is, a pretended 
 malice, or fetled intention to harme. Gayl. de 
 pace Pub. lib. i. cap. 7. 
 
 The reafon why the intention in this cafe 
 is replited an effedl, is becaufe it is reckoned 
 inter atrociora deliSla : In the which, for the 
 extraordinary regard of the publike eftate, 
 conatus perinde atque effeilus punitur. Gayl. 
 ubifupra cap. 13. 
 
 Forgery is a fallhood committed in or a- Forgery, 
 bout fome writing or Deed : as if a man write 
 or figne a falfe Teftament, or falfely fet down 
 therein fome Legacie, or truft in himfelfe ; 
 or if he make a falfe Deed, or Accompt, or 
 other Inftrument; or if he bribe or corrupt 
 
 B a ludge 
 
(6) 
 
 a ludge, or doe raze, change, or corrupt any 
 writing, to the defrauding of another man, 
 or doe convey, remove, or take away, fup- 
 preffe, conceale, or falfely figne a Teflament, 
 or counterfeit another mans hand in writing, 
 or counterfeit the hands of Magiflrates, and 
 Certificates, Teftimonialls, or Licenfes in 
 their names, or corrupt or fuborne falfe wit- 
 neffes, or make falfe accompt or reckoning. 
 Weft. part. 2. Symbol. tra£lat. Indi£lments, 
 Se£l. 60. I finde three Statutes againft this 
 offence. 
 
 Anno I. H. 5. cap. 3. repealed by Anno El. 
 cap. 14. 
 
 Anno 7. H. 5. cap. 3. 
 
 Anno 5. Eliz. cap. 14. 
 
 Forgery, is that which the Civilians call 
 Crimen falft, or at the leafl one part thereof : 
 For by them Crimen falft is extended as well 
 to falfe meafures, or weights, to falfe accufa- 
 tions, and confpiracies, (as we call them) ad 
 partus fuppqfttos, and fuch like, as to forging 
 of writings, or Deeds, That which wee call 
 Forgery, they terme falfttatem fcriptorum, 
 which is committed by as many wayes as are 
 above expreffed in the example of definition 
 fet downe by Weft. 
 
 Pcena falji, aut quafi falji, id ejl, ejus deli£li 
 quod ex Senatus con/ulto, aut interpreiat' pru- 
 dent, pro falfo kabetur, eji deportatio, & omnium 
 
 bonorum 
 
(7) 
 
 bonorum publicatio, in liberis, in fervis ultimum 
 fupplicium : Sed hodie hac ejl pmna arbitraria, 
 & pro qualitate deliSli, aut extenditur ad ulti- 
 mum fupplicium, aut remittitur ufque ad manus 
 amputationem, vel religationem temporal. Wefenb. 
 in parat. de crimine falji. But for the diverfity 
 of punifhments in this cafe, according to the 
 diverfity of the offence in thefe latter times, 
 See Dantrowderius in his criminall practice, 
 
 cap. 122. 
 
 Perjury is a lye confirmed by oath. Wejl. perjury. 
 part. 2. Symbol. traSlat. Indictments Se£l. 28. Men- 
 dacium juramento firmatum, lul. Clar. perjur. 
 This perjury that is punifhable in the Starre- 
 chamber, as I have heard learned men fay, is 
 fuch as is committed in fome of the Kings 
 Courts of Record. For if it be an extrajudi- 
 ciall perjury, or committed in a Court Chri- 
 ftian, or any inferiour or bafe Court, it is ra- 
 ther punifhable by Ecclefiaflicall penance. 
 Such perjury as is commonly punifhed in the 
 Starchamber, is correfled by fome arbitrary 
 cenfure ; as fometime by fine to his Majefly, 
 fometime by pillory, fometime by whipping, 
 fometime by loffe of an eare or eares, fome- 
 times by imprifonment, and fometimes by 
 more of thefe punifhments joyned together, 
 according to the quality of the offence, or of 
 the perfon : touching perjuries, looke thefe 
 Statutes : 
 
 B 2 Anno 
 
(8) 
 
 Anno 3. Ed. i. cap. 37. 
 
 Anno 5. E. 3. cap. 6. 
 
 ^«»(7 II. H. 6. cap. 5. 
 
 ^««^ 15. ^. 6. <:«/. 5. 
 
 ^««o 18. H. 6. cap. 4. &■ cap. 14. 
 .Anno \. R. 3. cap. 4. 
 
 ^««<? II. //■. 7. f«/. 15. 21. 23. 24. 6- 25. 
 
 .^««<7 I. ^. 8. cap. I. 
 
 /J«K(? 23. if. 8. cap. 3. 
 
 /i?^«c 26. H. 8. c«/. 4. 
 
 /J«««? 5. El. cap. 9. 
 We have perjury committed in England by 
 one meanes, which in other Nations is un- 
 knowne : And that is by the lury or Enqueft, 
 that breake their oathes in giving up their 
 verdi6l. In which cafe there lyeth a Writ of 
 attaint againfl: them, whereby they are fum- 
 moned to appeare in the Kings Bench at a 
 certaine day, and there being convidl of per- 
 jury, are according to the ancient Law of 
 England to undergoe a mofl: ignominious 
 punifhment : as you may reade in Glanvil. li. 
 2. cap. 19. and Breton cap. 53. df cap. 100. and 
 Forte/cue cap. 26. And that is to have their 
 Medowes cared, their Houfes broken down, 
 their Woods burned up, their Lands and 
 Tenements forfeited to the King, and (as it 
 may be gathered out of Fitzherb. Nat. Br. in 
 the Writ of Attaints, fol. 195. their bodies 
 to be committed to prifon during the Kings 
 
 plea- 
 
(9) 
 
 pleafure, but wee fee no example of this in 
 thefe daies, but rather in lieu of this, feme of 
 thefe punilhments formerly expreffed. 
 
 This by the Civill Law is a branch of cri- 
 men falji, and therefore is cenfured as before 
 is fet downe in Forgery, howbeit the bell Ci- 
 vilians be of opinion, that it hath not any or- 
 dinary punifhment, \)\iXjuxta arbitrium ludi- 
 cis, Fachin de controv. Juris, lib. i. ca. 14. yet 
 other effedls doe follow of it, as Julius Clarus 
 mentioneth. Perj'urium, firft it is quefliona- 
 ble, whether that he that is perjurus be infamis 
 infamia Juris or not, and the common opinion 
 is negative, yet with this diftin6tion, fuper ju- 
 ramento ajjertorio hee is not : Sed Ji promiferit 
 cum juramento aliquid de futuro, & illud non fe- 
 cerit, ex tali perjurio Jit infamis infamia Juris ; Item 
 Clericus propter perfurium potejl ptivati digni- 
 tate obtenta non tamen privatur ipfo jure ; Et hcec 
 eji communis opinio, Clerirus tamen perjurus, Ji 
 injlituatur in aliquo beneficio non valet injlitutio 
 ipfo iure; Et hcec ejl communis opitiio, Clericus 
 tamen periurus ; incidit etiam perjurus circapa£la, 
 vel tranfaSliones in pcenas Legis 41. Col. de tran- 
 faSlione : viz. nS folU infamatur verumetia aSlione 
 privatur reflituta poena qua pa£lis probatur in- 
 ferta & rerum proprietate careat & emolumento, 
 quod ex paSlione, vel tranfa£lione ilia fuerit con- 
 fecutione. Prceterea perjurus repellitur ab agendo 
 etiam d teflificando : Si tamen juramentum lici- 
 
 B 3 turn 
 
(10) 
 
 turn fuerit non temerit non temerarium & illici- 
 tum. 
 
 Excufatur tamen perjurus a poena perjury di- 
 verjis modis, &" inprimis, Ji ojlendit fe fine dolo 
 fuijfe pejurum. 
 
 Secundo propter difficultatem jiiramenti obfer- 
 vandi. Tertio fi tale perjurium nulli aly fit de- 
 trimentofiim. 
 
 Romani fi}lebant eos punire qui per nomen Prin- 
 Cozenage. cipis perjuri erant, nos quidem eos qui per nomen 
 
 Dei perjuri fiint. 
 
 Cozenage is an offence, whereby any 
 thing is done guilfully in or out of con- 
 trails, which cannot fitly bee termed by any 
 fpeciall name, Weft, part 2. Symbol. traSl. 
 IndiBments Se£lio 68. 
 
 This is by the Civilians called Stellionatus, 
 d Stellione, quod efi lacertcz genus quo nullum ani- 
 mal homini invidet fraudulentius, Plinius libr. 3. 
 cap. 10. 
 
 The punifhment of this is Arbitrary as in 
 our Realme, fo likewife by the Civill Law, as 
 appeareth by the twentieth title of the 47. 
 booke of the Digefts, and We/enbecius parat. 
 upon the fame. 
 
 Libellers be oftentime dealt with in Star- 
 chamber, as offenders not fufficiently provi- 
 ded for by the Lawes otherwife, wherefore it 
 is not amiffe here to define a Libell : Famofus 
 Libellus eft non modo ft diftimulato, vel ftflo 
 
 authoris 
 
authoris nomine edatur, verumetiant Ji exprejfo. 
 
 But then what is the difference betweene an 
 
 injurie in writing, and a Libell ? For iniuria is An iniury in 
 
 either realis qua re infligitur, ut per verbera, aut "" "^^* 
 
 verbalis qum verba vel fcripto or perfonalis quce 
 
 perfoncB infligitur ut per verbera vel cruciatum. 
 
 The difference therefore betweene a written 
 
 injury and a Libell is, quia famofus libellus ad 
 
 infamiam pertinet, hoc eft impingit deli£lum ali- 
 
 quod notabile, injuria fit contumelice caufa, etiant 
 
 abfq infamicB nota, ut ft quis lufeus, Jpurius, clau- 
 
 dus, alioue contumelioft) nomine appelletur & tra- 
 
 ducatur. 
 
 The reft of the mifdemeanors punifhable in 
 this Court cannot bee comprized under any 
 certaine title but this, for that the moft part 
 be fuch as receive no fpeciall punifhment, by 
 either the common or Statute Law. And 
 thefe in the Civill Law are called crimina ex- 
 traordinaria quia extra ordine puniuntur, unde cer- 
 tce nullce poen<z exiftunt ; Sed arbitrio iudicis cotn- 
 mittuntur. Of thefe you may read many in the 
 47. booke of the Digefts, titulo 11. and in We- 
 fenbecius upon the fame. But which they bee 
 with us appeareth in fome fort by thefe cafes, 
 that M. Crompton hath in this treatife follow- 
 ing fet downe defa6lo to have beene cenfured 
 heretofore in this Honourable Court. 
 
 The 
 
(13) 
 
 The Court of Starre-chamber, 
 
 and matters before the 
 
 Kings Counfell. 
 
 Set forth in French by M. Crompton in his 
 
 Booke entituled, The Iurifdi£lion 
 
 of divers Courts. 
 
 ^^L^ He Court of Starr-chamber is 
 a High Court, held be- 
 fore the King, and his 
 Counfell, and others. And 
 thofe that be fued there bee 
 called by a Subpoena to ap- 
 peare before the King and his Councell, at the 
 day mentioned in the writ. At the which day 
 if he make default, then upon oath taken that 
 the party was ferved with the Subpoena^ there 
 fhall iffue out an Atachment, upon the 
 which if he be taken and doe appeare, he fhall 
 be committed to the Fleets by the difcretion 
 of the Court. If hee bee not taken nor yeeld 
 himfelfe, there fhall then iffue out a Procla- 
 mation of Rebellion, with Commandement 
 to apprehend him, and to have his body be- 
 
 C fore 
 
(14) 
 
 fore the King, and his Counfell at the day fet 
 downe in the writ. At the which if he appeare 
 he fliall be committed to the Fleet. But if hee 
 appeare gratis upon the Proclamation or up- 
 on the Attachment the contempt will not 
 be fo heynous, if hee have any reafonable ex- 
 cufe. And upon his default of appearance 
 upon the Proclamation there fliall goe out a 
 Commiffion of Rebellion which appeareth 
 hereafter in this treatife. 
 
 Note ihat if the partie doe gratis yeeld 
 himfelfe upon Proclamation hee fhall bee 
 bound by Obligation to the King before 
 the Mafter of the Office of this Court to ap- 
 peare at everie Seffion of the Lords untill he 
 be difcharged. 
 
 Note that the Stat. Anno 3. H. 7. cap. 1. 
 giveth that the Chancellor, and the Lord of 
 the privy feale, calling to them two Lords, 
 the one fpirituall the other temporall of the 
 Kings Counfell, and the chiefe Judges, may 
 Maintenances, examine Riotts a,nd niaintenances, &c. And 
 none is fudge of this but the Chacellor, Trea- 
 furor, or Lord Privy Scale, or two of them : 
 the other fliall be Afliftants and not fudges. 
 Ad quod concordant omnes lujliciary ; And the 
 fame is to be faid of the Statute concerning - 
 the reverfing of errours in the Exchequer 
 Chamber by the Chancellor and Treafuror, 
 calling to them two fudges fed in primo cafu 
 
 Iiifticiary 
 
(15) 
 
 lujliciary ienent it to be an error, If the Chan- 
 cellor, Treafuror, &c. doe not call the Judges, 
 and doe by their Judgments, becaufe the Siai. 
 fo limiteth, 8 H. 7. 13. Commentar. 393. 
 
 An Abbot releafeth his right in twelve a reieafe made 
 Acres of Land to a Purveyor of the King for ^^ extremity, 
 extremity done to the Abbot by taking of 
 his goods, viz. Beeves: & conjilio Regis, it was 
 awarded that the Reieafe was void by reafon 
 of that extremity, 28. AJJifes 39. appertaineth 
 to the Common Law ; Ideo quczre. 
 
 Note that Knivet luftice faith that one who Faife reports, 
 had reported in the Country that there were 
 warres beyond Sea : fo that none could paffe 
 by Sea that yeare, whereupon the price of 
 Woolfels were fold at a leffe rate. And he 
 for that caufe was conftrained to come be- 
 fore the Kings Counfell, and fined to the 
 King, 43. pounds AJJife 38. 
 
 If any man make a fuggeftion to the King Falfe fuggefti- 
 himfelfe which is falfe, by meanes whereof °° *° *^ ^'"S- 
 any man be turned to damage or loffe, he that 
 maketh this falfe fuggeftion fhall be brought 
 with his fuggeftion before the Chancellor, 
 Treafurer, and his great Counfell, and there 
 fhall find fuerty to prove his fuggeftion. And 
 if he that made the fuggeftion or coplaint ca- 
 not prove his intention againfl the Defendant 
 by procefs of Law ; he fhal be imprifoned, and 
 fhall fo remaine untill hee have made gree 
 C 2 to 
 
ftion, 
 
 (i6) 
 
 to the party for the damages, and for the flan- 
 der that he hath borne by that occafion, and 
 fhall afterward be fined and ranfomed to the 
 King I']. Ed. 3. cap. 18. 38. Edw. 3. cap. 9, 
 Vntrue fugge- When men are compelled to come before 
 the Kings Counfell by writs founded upon 
 an untrue fuggeftion, the Chancellor after 
 the fuggeftion is found untrue, fhall have 
 power to award damages at his difcretion to 
 him that is fo unjuftly troubled, 1 7. R. 2. ca. 6. 
 And by thefe two Jlat. it feemeth that the 
 Counfell of the King heard caufes long be- 
 fore "Cos. Jlat. 3. H. 7. ca. i. But fome write 
 that they had not authority before the Stat. 
 to heare heynous mifdemeanors, &c. But by 
 this flatute the contrarie appeareth, and by 
 the cafe 43. lib. Affife i%.fupra & ut: vide 13. 
 Ed. 4. ca. 9. 
 
 An Affize was awarded for damages for 
 the plaint : upon certificate of the Bilhop that 
 the Tenant was a Baflard ; where the Parlia- 
 ment had fent a Writ to the luftices of Af- 
 fize to ceafe, and yet they proceeded ut fupr. 
 whereupon the Chancellour reverfed this 
 judgement before the Counfell, and fetled it 
 in the fame plight it was in upon the 
 Certificate, &c. and fendeth it backe to the 
 luftices of AfTize, who proceeded and gave 
 judgement for the plaint : becaufe the Bifhop 
 had certified the Tenant to be a Ballard, and 
 
 had 
 
(17) 
 
 had no regard to the reverfall before the 
 Counfell, for that is no plea where judge- 
 ment may be reverfed. Quod nota, & Jic vide, 
 that they had no refpe6l to the maner of 13. 
 Ed. 3. 14. 
 
 The Chancellour and Treafuror of Eng- 
 land for the time being, and the Keeper of 
 the Kings privy Seale, or two of them, cal- 
 ling to them a Bifhop, and a Temporall Lord 
 and the two Chiefe luftices of the Kings 
 Bench and Common Pleas, or two other lu- 
 ftices in their fleads, upon Bill or Informati- 
 on to the Chancellor for the King, or any o- 
 ther, againfl any perfon for unlawfull main- 
 tenance, giving of liveries, lignes, or tokens, 
 and retainers by Indenture, promifes, or o- 
 ther writings, or otherwife for embraceries 
 of the Kings fubje6ts, deceitfull behaviour of 
 Sheriffes, in making pannells or untrue re- 
 turnes, for taking of money for lurors, for 
 great Ryots, and unlawfull affemblies, have 
 authority to call before them by Writ, or 
 privie Seale, the faid mifdoers, and to punilh 
 them according to their demerits, as if they 
 had beene committed by the Common Law. 
 3. H. 7. cap. I . 
 
 The Chancellor, Treafuror of England, 
 and Prefident of the Kings Counfell, atten- 
 ding upon his perfon for the time being, and 
 the Keeper of the Kings privie Seale, or two 
 C3 of 
 
(i8) 
 
 Misbehaviours 
 mentioned in 
 the Stat. an. 3. 
 H. 7. 
 
 Taking of wo- 
 men under the 
 age of 16 years 
 
 Forgery. 
 
 Falfe tokens 
 and raeffages. 
 
 of them, calling to them a Bifliop and a Tem- 
 porall Lord of the Kings Counfell, and the 
 two Chiefe luflices of the Kings Bench and 
 Common Pleas, or other two luftices in their 
 places, upon Bill of Information to be given 
 to the Chancellour of England, Treafurer, 
 Prefident of the Counfell, or Keeper of the 
 privie Scale, for any mifdemeanour mentio- 
 ned in the Statut. 3. H. 7, cap. i. have power to 
 call before them by a Letter under the privie 
 Scale, fuch mifdoers, and to examine them, 
 and fuch as they fhall finde defedlive, to pu- 
 nifh according to the Statute, and all other 
 Statutes made heretofore, even as if they 
 were convicjl by the Common Law : 21.H.S. 
 cap. 20. they may punifh the taking of wo- 
 men under the age of fixteene yeares from 
 their parents againfi: their wills, and contrail 
 mariage with them, againfi 4. & 5. PhiL & 
 Mar. cap. 18. 
 
 They may punifh a forger of falfe Deeds, 
 per 5. Ed. i. ca. 14. 
 
 They may punifh thofe that obtaine goods 
 and chattells of any other by falfe tokens and 
 meffages counterfeited in other mens names, 
 by 33. H. 8. he fliall bee fet on the Pillory, or 
 have other corporall punifhtnent, other than 
 of death, as the Court fhall award where he 
 is convidl. 
 
 They may punifh perjury, by 5. Ed. i. ca. 9. 
 
 and 
 
(19) 
 
 and fubornation of perjury, ibid. Perjury and 
 
 rr^-, • n !• 1 r r , ^ fubornation of 
 
 1 hey may punilh Ipreaders of falfe newes, perjury. 
 and falfe meffages of Noblemen and other Spreaders of 
 
 . n 1 c newes, 
 
 againfl the Statut. anno 1 2. R. 2. cap. 1 1. 2. i?. 2 and falfe mef- 
 cap. 5. Vide Parlm. the cafe of the Duke of !^f^^ °Jo^'°the" 
 Buck, and the Lord of Daburganie. Stat. 2. R. 2.0.5. 
 
 They may and doe punifh notable deceit Sclndl'maKnat. 
 and fraudulent detaining in this Court, and S^JlS's^''' ^''' 
 cofenages. 
 
 They may affeffe a greater fine than is af- Fines upon in- 
 feffed by the luflices of Peace upon Indid- ^iftments. 
 ments in the County, as it fell out in the cafe 
 of Sir lokn Conway, and Lodovick Grevill, for 
 that the faid L. affaulted the faid Sir John, and 
 ftrucke him to the ground at Temple-barre, 
 with a cudgell called a baflinado, for which 
 he made fine in this Court C. 1. and more a- 
 bout the 27. of Eliz. though he were indic- 
 ted in the Country for the fame affault, and 
 fined before the luflices of Peace there, or 
 found furety for the fame fine. 
 
 A woman great with childe, which was whipping a 
 fufpedled of incontinency without caufe, was ^yide^fuTpeaed 
 commanded to be whipped in Bride-well, of incontinen- 
 London, by the Mailers there, and becaufe 
 fhe fell to travell before her time, &c. they 
 were for this fined in this Court at a great 
 fiimme: And by order of the Court it was 
 awarded that they fhould pay a certaine fum 
 to the faid woman, about the 31 of Eliz. See 
 
 the 
 
(20) 
 
 Notorious de- 
 ceit in taking 
 of beafts. 
 
 Deceit in an 
 execution of a 
 writ of Elegit. 
 
 the proceedings there concerning this mat- 
 ter in the yeare aforefaid, fet downe more at 
 large. 
 
 A man tooke the beafts of another, but not 
 fellonioufly, and held them as his owne in 
 the deceit of the buyer : This falfhood may 
 be punifhed here, if it be a notorious deceit 
 as it feemeth, for he may have an aflion upon 
 the cafe, Br.^s- Hb. AJf. 8. 
 
 A man hath an Elegit, and the Creditor 
 caufeth the Jury to finde that the debtor hath 
 more land than indeed hee hath, infomuch 
 as the Creditor hath all the Land in executi- 
 on : there he hath no remedy to difanull the 
 execution by the Common Law, becaufe he 
 hath the Land by Record, viz. by the verdidl 
 of the lury : vide a6lion upon the caie,jBr. 8i. 
 27. lid. ajf. 73. that he cannot have remedy of 
 this falfhood, but it feemeth that he fhall bee 
 punilhed in this Court of Starchamber : for 
 this dealing is a procurement to the lury to 
 be forfworne, and no attaint lyeth, for it is 
 but an Enqueft of Office. 
 
 An Attourney acknowledged a Stat, in an 
 other mans name without authority, he fhall 
 have an adlion upon the cafe, Bro. title of fines, 
 54. for hee hath no remedy to defeat this by 
 the Common Law, 19. H. 6. 44. It may bee 
 ordered here that it fhall bee difanuUed by 
 the party to whom it is acknowledged if hee 
 
 be 
 
(21) 
 
 be privie to the falfliood and deceit. 
 
 A fine was taken by dedimus potejlai. in A fine taken of 
 Kent of a femme covert who died before Ea- andZflVeT'* 
 fler Terme next following, and the fine was f^d. 
 entred in Hillarie Terme before and the 
 Queenes filver entred the fame Terme alfo, 
 this fine was held good, and yet the party, 
 viz. the hulband which caufed the fine to bee 
 fo entred, was called by Bill into the Starre- 
 chamber to anfwer to his deceit, but yet the 
 fine was ingroffed by the Court Dyer fol. 220. 
 and this was the cafe of Carrell the yonger of 
 the Inner Temple. Mafter Fleetwood the Re- 
 corder of London was affaulted by one of 
 the Queenes houfe as hee was going to Wejl- 
 minjler, in the terme time, who gave him di- 
 verfe wounds, for which hee was fined in this 
 Court, and put but of the Queenes fervice. 
 
 The Earle of Arundel, viz. fonne to the The Earle of 
 Duke oiNorfolke, was vpon the Sea to have ^oTtlffea'to 
 paffed over without licence of the Queene, & paffe over with- 
 he was fined at a great fumme in this Court 
 of Starre-Chamber, circa 30. Eliz. Regin. vide 
 flat. ^. R. 2. that none fhould goe over fea 
 without licence of the King. 
 
 Note that one tooke upon him to view or Surveying of 
 furvey Gentlemens Armes in the Countrey, armest'and* 
 as if he had been an Herald, and had counter- counterfeiting 
 
 , , the Heralds 
 
 feited a feale of the fame Office. And he was feale. 
 fined in the Starre-Chamber, becaufe he had 
 
 D gotten 
 
Taking of mo- 
 ney to favour 
 Lod. Grevill 
 fufpefted of be 
 
 (22) 
 
 gotten money of the Queenes fubjedls by his 
 fallhood, 27. Eliz. vel circa. 
 
 Divers of the County of Midlefex had ta- 
 ken money to favour Lod. Grevill prifoner 
 in the Tower for fufpition of being acceffary 
 mfrther. ^'^^ *° to murther if they fhould bee returned upon 
 his deliverance, and of this they were convic- 
 ted by good proofe. And they were fined in 
 this Court to great fines, and three of them 
 did weare papers from the Fleet to Wejlmiw 
 Jler Hall, and there alfo, and backe againe to 
 the Fleet, 31. Eliz. vide fines for contempts, 
 Fitz. lib. AJJi/arum 43. where one that tooke 
 five markes for being fworne to deliver a 
 thiefe which was committed and indi(5led 
 of felony for the King. 
 
 A Tuftice of 
 Peace refufing 
 to take the 
 peace of one 
 that offered 
 fuertie to him 
 for the peace 
 
 A forraigne 
 plea put in up- 
 on falfe oath. 
 
 A luftice of Peace was put out of Com- 
 miffion by order of this Court, for becaufe 
 that he refufed to take the Peace of one who 
 came to him, and offered him fuerty for the 
 Peace, becaufe that the luflice which did a- 
 ward the warrant was not his friend, for 
 which reafon he refufed to goe before him to 
 be bound to the peace, Lamb.fol. 
 
 A man put in a forraigne plea in London 
 upon his oath which was falfe, for the which 
 he was fued here in this Court, for perjury," 
 and the cafe heard there, 30. Eliz. 
 
 In 
 
(23) 
 
 In the Cafe of Draiton Baffet in Staffordjhire if luftices 
 circa 22. Eliz. fome luftices which dwelt neer "ledea the ap- 
 unto the place where the Riot was, were cal- Riotors!"" ° 
 led into this Court by proces, and fined, and 
 it was upon the Stat, of 17. R. 2. ca. 8. which 
 is, that the Sheriffe, and others the Kings Of- 
 ficers, fhall apprehend Riottors, which affem- 
 ble themfelves together in outragious man- 
 ner. And note, that this Riot there, was no- 
 torious : for there were a great number that 
 were affembled in the Manour houfe of Drai- 
 ton Baffet, and held it forcibly. 
 
 Thomas Worjley was feized in the right of Couin. 
 his wife, of divers lands in Lancafter, circa Jckno^w"fdging 
 16. Elizab. both of them being within age, of a fine by per- 
 viz. the hufband within fixteene yeares, and yeares. 
 the wife of thirteene yeares. One W. caufed 
 a Dedimus potejlat. by the procurement of one 
 B. which fhould have the land to be procured 
 to Sir H. T. and others to take cognizance 
 of the faid Hufband and Wife, of the faid 
 lands, both of them being within age, ut fu- 
 pra, as alfo plainly appeared to the Com- 
 miffioners. And one A. K. and Sifter of the 
 faid Katherine, and next heire unto her, did 
 exhibite a Bill in this Court of Starr-Cham- 
 ber in her owne name, viz. in the name 
 of A. ver/us and him that was of the 
 Covin for the purchafing, and alfo againft 
 D 2 the 
 
(24) 
 
 the faid Sir H. T. and the other Commiflio- 
 ners. And thereupon the faid matter found, 
 the faid W. was fined to a great fumme, and 
 likewife B. and Sir H. T. &fuitfa£lum hoc cir- 
 ca 28. Eliz. as Worjley himfelfe did tell mee. 
 And this fine was alfo in a Writ of Errour in 
 the Kings Bench brought by the husband be- 
 ing of full age, and his wife being within age, 
 reverfed circa 30. Eliz. and adiudged to bee 
 void, as well againft the husband as againft 
 the wife : and the husband entered prefently, 
 and execution did not ceafe during the life of 
 the husband : and this Wor/leyhimklie did tell 
 me likewife, who was the husband. El 32. ^. 6. 
 3 r . is that if a maryed wife elope, & goe away 
 from her hufband, and lives in adultery, and 
 leuieth a fine as a fingle woman, if the huf- 
 band enter, the fine is defeated, or avoided, 
 as wel againft the wife as againft the husband 
 vide Carrels Cafe in the Common Pleas, & 
 vide the Booke of Entries, fo. 278. that the 
 Judgment in a writ of Error to reverfe a fine, 
 is, Conjideratum eft quod pedes finium prced. a fila- 
 tiis finium, extrahantur & cancellantJir. Then m 
 Worjley s Czitfupra, if the fine fhall be cancel- 
 led againft the wife, it cannot be of force a- 
 gainft the hufband. 
 
 Note that the lury of London which acqui 
 ted Sir Nicholas Throgmorton Knight circa pri- 
 ma MaricB Regince of high Treafon, becaufe that 
 
 the 
 
(25) 
 
 the matter was thought to bee proved fuffi- 
 ciently againft him, were called in the Starre- 
 chamlser in Odober, 1544. and eight of them 
 were fined there at great fummes, every one of 
 them at five hundred pounds at the leafl, and 
 awarded alfo backe againe to prifon, there to 
 remaine untill further order were taken for 
 their punifliment, and the other foure were 
 releafed of their imprifonment, becaufe they 
 fubmitted themfelves and acknowledged that 
 they had offended, not confidering the truth 
 of the matter, utpatetperHolling/headfo: 1 759 
 vide eleven of a lury which did acquite one 
 Hodye of Felony before Sir Roger Manwood 
 Chiefe Baron in his Circuit in Somerfetfhire 
 againfl apparent evidence : they were fined in 
 Star-chamber^ and did weare papers in Weft- 
 minfter hall, circa 22. Eliz. the which my felfe- 
 faw. 
 
 Note that one G writes his Letter to a lu- One writes to 
 ror to appeare betweene L. and C. D. and to peare°and to" 
 doe his confcience, and he was fined at twen- doe his confci- 
 
 cncc 
 
 ty pounds here, becaufe he had nothing to doe 
 in the matter, circa 27. Eliz. Here note, that 
 no man ought to meddle in any matter de- 
 pending in fuite, where hee hath nothing to 
 doe. 
 
 One Smith of the County of Somerfet Efq. slanderous 
 was fined in the Court for flanderous words, Knight^'"^'' 
 which he had fpoken of one Sir lohn Young K', 
 D 3 which 
 
(26) 
 
 A falfe endea- 
 vor to proue 
 a man to be a 
 Traytor. 
 
 A falfe pro- 
 curement, of a 
 man to be indi- 
 ted of Murder. 
 
 Certaine pro- 
 cured them- 
 felues to be car- 
 ried into an 
 houfe of a 
 luftice, to be 
 examined of 
 Fellony vpon 
 purpofe to ferue 
 a Writ. 
 
 which touched his life, which the faid Smith 
 could not prove, and hee was committed and 
 gave great damages to the Knight, vid. 38. Ed. 
 3. ca. 9. utfupra. And yet he may have an Acti- 
 on of the Cafe at the Common Law. 
 
 One Z. O. of Kent was punifhed in the Court 
 for falfly going about to prove one that was 
 his Coufm or Brother, to be a Traitor ; And 
 for this he was adjudged to ride about Weft- 
 minflerhall with his face to the horfe-taile, 
 circa 27. Eliz, as I heard. 
 
 Note that one S. of the County of Lanca- 
 fter for falfly procuring one to be indited for 
 the death of another, was fined in this Court 
 to a great fumme, circa 31. Eliz. 
 
 Divers were fet on Pillory in Cheapfide in 
 Lond. circa 36. H. 8. for cutting out the togues 
 of certaine liuing beaftes, and for barking of 
 certaine fruit trees and burning of a Farme 
 malitioufly of one Grejhams, et vide the flat, of 
 37. H. 8. ca. now that hee fhall pay vnto the . 
 party treble Damages and fliall forfeite ten 
 pound to the King for fine in the faid cafes, 
 fauing that the burning of a Farme maliti- 
 oufly was made fellony 37. ZT. 8. but this was 
 repealed, i. E. 6. ca. 12. 
 
 One had an Attachment out of the Chan- 
 cery againfl a luftice of Peace, becaufe hee 
 would not ftand to an order made there viz. 
 becaufe he wold not yeeld the poffeflion of a 
 
 houfe 
 
(27) 
 
 houfe to him which purchafed the writ : and 
 it was devifed (as a meane, the fooner to come 
 to the poffeffion of the faid houfe) that certaine 
 perfons fliould have a warrant fpeciall from 
 the Sherife to execute the fame writte, and 
 fhould come to the faid houfe vnder colour 
 to be examined upon fufpition, & when they 
 came there with the Conflable and diuers o- 
 thers attending upon them to bring them be- 
 fore the luftice of Peace to be examined, ut 
 supra. 
 
 The Conftable who was privie to this de- 
 vice as the luftice thought, knockt at the 
 doore,, and prefently the faid perfons rufht in- 
 to the houfe fuddenly with force, againft the 
 will of the fervant, having no weapon about 
 them, but their daggers under their cloakes : 
 and when they were in the houfe, they kept it 
 with force two dayes. Whereupon the luftice 
 exhibited his Bil in this Court againft the faid 
 perfons, and againft others that were fuppo- 
 fed to be advifors or privie unto it, and after 
 fome of them put in their Anfwers there, the 
 party did agree to the fuite of the Defen- 
 dant. 
 
 For by fuch a device a man may be murde- 
 red and robbed in his owne houfe, as if men 
 fhould come in the night to fearch for a Felon 
 upon a falfe Hue and Cry : and therefore this 
 device is very dangerous, and it feemeth by 
 
 fuch 
 
Lords of Parli- 
 ament. 
 
 Qumre. 
 
 Noble women ; 
 difparaging 
 themfelues by 
 Mariage. 
 
 (28) 
 
 fuch an atachment he cannot breake the houfe 
 becaufe it was the fuite of the party : and a- 
 gaine if he might enter forcibly, yet notwith- 
 ftanding hee ought not to abide there, & keep 
 it forcibly, and therefore it was wrong from 
 the beginning. 
 
 If a Lord of the Parliament be fued in this 
 Court, the Chancellor fliall write unto him, 
 giving him notice of the fame fuite, and requi- 
 ring him at a certaine day to anfwer to the 
 faid Bill. At which day if he appeare not, yet 
 notwithflanding no Atachment Ihall go forth 
 as there fhall againfl other Subiedls under 
 their eflate. Qucere if hee fhall make his An- 
 fwer upon his Honour, as they doe in the try- 
 all of a Peere of the Realme of Treafon or 
 Felony, or upon his oath. 
 
 If a Ducheffe, or Counteffe, or Wife of any 
 Lord of the Parliament, bee maryed to a 
 Knight, and be fued in this Court, a common 
 Subpcena Ihall goe forth againft him and his 
 wife, by the name of A. B. and B. his wife, 
 without naming her in the Writ by the name 
 of Honor which fhe had before ; for fhe hath 
 lofl this name by the Law, Quod vide nomen 
 dignitatis. ^^.31.69. WitnQS Lady Dame 
 Powers, who maryed M'. Haward, and the 
 Ducheffe of Suffolke, that maryed Adrian 
 Stokes. Dyer 79. 
 
 If a Ducheffe, or Counteffe, or Wife of 
 
 any 
 
(29) 
 
 any Lord of the Parliament after the death of Noble mens 
 her hufband be impleaded in this Court, or Widowes. 
 in the Chancery, the Plaintiffe cannot fue a 
 Subpoena againft her, but the Chancellor fhall 
 write unto her as the ufe is unto their huf- 
 bands. Qu<Bre hoc, & vide 35. H. 6. Subp.fo. 20 
 Subpcena againft a Lord which the Sheriffe 
 durft not areft upon a Supplicavit of Peace. Noble women 
 
 in cafe of Trea- 
 . fon and how to 
 
 Vpon an Arraignment of Treafon or Fe- be tryed. 
 lonie of the faid Noblewomen as well maryed 
 as fmgle, they fhall be tryed by Peeres of the 
 
 Realme. 20. H. 6. ca. g,&' Sian/.\e^2)- ^^^ 
 before the Statute aforefaid it was doubted 
 in this cafe how they fhould be tryed. 
 
 If a man fpeake flanderous words of No- slanderous 
 blemen, Queere if hee fhall haue an Adion ^o^^ln^lwch" 
 upon the Stat, de Scandal. Magnat. but the ftat.a.2.R.ca.s. 
 Defendant fhall be puniflied in this Court. 
 
 A Knight of the County of Northumber- ^ ^ . 
 
 ? 1 • ■ /- ■ 1 o Sultenng a fe- 
 
 land was fined m a great fumme in the Starr- ditious booke 
 Chamber, becaufe hee permitted a feditious h°s^hou'fe.'^'^ '" 
 Booke called Martin Marprelate to be prin- 
 ted in his houfe, 32. Elis. 
 
 One writes to a luftice of the Peace to fend luftice fendeth 
 him his warrant with a blanke, to put in one ^^i^ wTnck. 
 that hee would atach upon fufpition of Fe- 
 
 E lonie, 
 
(30) 
 
 lonie, and fo the luflice did, and becaufe hee 
 fent his warrant with a Blanke to put in the 
 name of one hee knew not, neyther the mat- 
 ter, before the making of his Warrant, hee 
 was fined in this Court circa 30. Eliz. and it 
 was one Sir /. R. 
 
 Th( 
 
(30 
 
 The forme of a Writ or Com- 
 
 miffion of Rebellion, where the 
 party after Proclamation to yeeld 
 
 himfelfe fub pcena legianticeji non com- 
 
 paraverit coram Conjilio, &c. eft 
 
 ut fequitur. 
 
 CAROL VS Dei gratia Anglice, Scotice, 
 FrancicB & Hibernice Rex fidei Defenfor, 
 &c. Dileais fibi G. C. IV. L. A. S. & F. G. 
 falutem : Quia G. F. & I. R. quibus per publicas 
 Proclamationes per Vice-coin' Comitatus nojlri 
 Derb : in diverjis locis ejiifdem Comitatus virtute 
 Brevis nojlri eodem Vic' dire£li ex parte faSl' prce- 
 ceptum fuit quod ijdem G. F. & I. R.fub pcena le- 
 giant' fuarii coram Nobis & Conjilio nojlro apud 
 Wejlm. ad certam diem diSlo Brevi nojlro contenf 
 perjonaliter comparav' : Mandato nojlro in ea parte 
 parere manifejli contempjerunt. Idea vobis tribus, 
 duobus, vet uni vejlrum mandamus, quod prcefaf 
 G. F. &. I. R. ubicunq inventi fuerint infra re- 
 gnum nojlrum AngV taitquam rebelles & legis 
 nojlri contemptores atachiatis, vet atachiari facia- 
 tis, Ita quod eos habeatis vet haberi facialis coram 
 E 2 Nobis 
 
(32) 
 
 Nobis & dieio Conjilio nojlro apud Weflm. in Cra- 
 Jlino Animarum prox. futur. ad refpondend^ fuper 
 his qucz Jibi objicientur tunc ibidem & ad faciend' 
 ulterius & recipiend' quod per Nos & diSlum 
 Conjilium nojlrii confideratum fuerit in hoc parte, 
 &- hoc nullatenus omittatis, Damus enim vobis 
 &■ Jingulis Majoribtis, Vice-Corn', Ballivis, Con- 
 Jlabulariis, & aliis Officiariis, Minijlris, & fub- 
 ditis nojlris qiiibufcunque tarn infra libertat' quam 
 extra tenere prcefenf firmiter in mandat' quod 
 vobis & cuilibet vejlrum in executionem prcemiffo- 
 rum Jint intend! & affijlent' in omnibus diligent' 
 prout decet. 
 
 In cuj'us rei tejlimonium has Literas nojiras 
 fieri fecimus patentes. Tejle Me-ipfo apud Wefim. 
 23. die Maij, Anno Regni nojlri, &c. Vide Tit. 
 Chancery forme de Commifs. Rebell. 
 
 Afalfe returne of a Knight 
 of the Shire. 
 
 Brunker Sherife of Wilts was fued by an in- 
 formation of perjury in this Court at the 
 fuit of the Queene for a falfe returne made 
 of Sir. /. T. to be a Knight of the Parliament 
 for the faid County, whereas indeed one P. 
 
 was 
 
(33) 
 
 was chofen by the greater number of free te- 
 nants in the faid County, in deceipt of the 
 County and of all the Realme, and it appea- 
 red by examination that Brunker was not 
 fworne to execute his office, notwithflanding 
 that, a Dedimus potejlatem was directed to one 
 Lord to giue him his oath, who diffwaded 
 him from it, for the difficulty of the Articles ; 
 And this matter by graue refolution and ho- 
 nourable and great affembly of the Noble- 
 men was ordered againft Brunker, viz. for 
 contempt of the ancient \j3.-^,fcilicet, That e- 
 uery Sherife in the beginning of his office 
 fhall fweare, which the faid B. did not, where- 
 fore he fhall pay vnto the King loo pound 
 befide inprifonment for fiue weekes, and 
 moreouer loo pound adiudged to the King 
 according to the Jlat. 8. H. 6. ca. 7. for the 
 falfe returne, and alfo a yeares imprifonment 
 without bayle or main-prize. And Hide the 
 Comiffioner appointed to receiue the oath, 
 was fined at twenty markes, befides a fort- 
 nights imprifonment, and alfo B. and P. were 
 bound by recognizance to ftand to the arbi- 
 terment of foure Noble-men, for the hun- 
 dred pounds due vnto P. But Sir I. S. was 
 bound in 300. pounds to Brun. for to fave him 
 harmlefs for his returne, Dyer 168. 
 
 E 3 The 
 
Suing in a Bi- 
 fhops Court 
 for things 
 belonging to 
 the Kings 
 Court {aut ali- 
 bi) is interpre- 
 ted by the com- 
 mon Lawyers to 
 fignifie the Bi- 
 fliops court, but 
 it ought to be 
 taken for the 
 place where 
 the Pope refi- 
 deth as Auigni- 
 on in France or 
 fuch other 
 place of his a- 
 bode. 
 
 If a Ryot can- 
 not be found 
 afore luftices 
 &c. 
 
 The King and 
 his Counfell. 
 
 (34) 
 
 The Statute of i6. R. 2. cap. 5. gives, that 
 if any fue in the Court of Rome, or any where 
 elfe where it is taken to be the'Bifhops Court 
 or other Court, 47. Old Nat. Brev. 147, for 
 any thing which appertaines to the Kings 
 Court, he Ihal incurre the penaltie of the faid 
 Statute, and the partie grieved may fue the 
 Offender before the King and his Counfell, 
 by Atachment, or by Writ of Premunire a- 
 gainft the party, or may fue againfl him In 
 Cujlodia Marifcalli in Banco Regis, by Bill. 36. 
 H. 6. 5. Adtion upon the Statute, Br. 372. 
 Ri. 3. 17. But a man may fue in the Kings 
 Court as many matters as he will without 
 perill. 
 
 If a Riot bee found before luftices of the 
 Peace upon inquifition made, then the lufti- 
 ces of Peace and the Sherife or under-Sherife 
 fhall certifie before the King and his Counfell 
 all the adls and circumftances of the Ryot, 
 which fhall be of the fame force that the pre- 
 fentment by twelue men fhould have beene, 
 and thofe which are convi6led fhall be puni- 
 fhed, according to the difcretion of the King, 
 and his Counfell. 13. H. 4. ca. 7. and not- 
 withftanding, this matter may be certified in 
 the Kings bench afwell as before the King, 
 and his Counfell, as luftice Southcot faid, and 
 note that the certificate ought to be certaine 
 in all points, becaufe that it is in the nature 
 of an Inditement. I 
 
(35) 
 
 If one fpeake flanderous words of an Arch- Slanderous 
 bifhop or Bifhop, hee may fue in the Starre- X°chb£p or 
 Chamber to have him puniflied, or hee may Biihop. 
 have an Aftion upon the Statute ale Scandalo 
 magnaium, as appeared in Sands his Cafe Bi- An. 2. r. ca. 5. 
 fhop of Yorke, in the Starre-chamber be- S". it/"'''-^'^"" 
 tweene him and one Stapleton Knight. 
 
 One fpoke of my Lord Dyer Chiefe lu- if one fay of 
 ftice of the Common Pleas that he was a cor- JjceS' Se 
 rupt ludge, for which he was convicted in this is corrupt. 
 Court, and adjudged to Hand upon the Pillo- 
 rie, vide Statut. de fcandal. magnatum, in the 
 which the fudges of the Law are mentioned, 
 and furely this man was a very grave, reverend 
 and upright fudge by the generall report of 
 all men, and by this report greatly abufed. 
 
 One had cafl abroad flanderous Libells of Slanderous Li- 
 one that was Bifliop of C. circa 20. Regince. ^^^.^f * ^^' 
 and was punifhed in this Court. 
 
 The King himfelfe is by intendment alwaies The Prince is 
 prefent here in perfon, for the Subpoena that deTtrbTe pre- 
 goes out to warne any to appeare in this ^°t '° t^^ 
 Court is Coram nobis & Conjilio nojlro. And al- Starre-cham- 
 though the King come not thither, yet being ''^''" 
 that his Counfell is there, it is intended that 
 the King himfelfe is there ; And that which his 
 Counfell doth here is adjudged in Law as the 
 Kings deed himfelfe, for they fpeake with his 
 mouth. 
 
 If 
 
(36) 
 
 Queftion of 
 the Conftable. 
 
 The kings 
 counfell the 
 ludge between 
 lurifdiflions. 
 
 Slanderous 
 words againft 
 the king. 
 
 If ftrife or debate be whether a fuit to bee 
 tryed by battell fhall be before the Conftable, 
 or Marftiall, or by the Common Law the 
 faid Conftable and Marfliall commanding 
 them to furceafe untill it bee decided by the 
 Kings Counfell, which of them fhall have cog- 
 nizance of the matter, 13. H. 2. cap. 2. 
 
 Note where the Statute de/candal. magna- 
 tum, in print, fpeaketh of falfe meffages, the 
 Record of the Tower is, falfe Meffengers, viz. 
 falfe lyes, and this alfo appeareth by the Writ 
 which is founded upon the Statute. 
 
 One O. which had fpoken flanderous and 
 horrible words againft Queene Mary, was in- 
 dited, for the words of the inditement being 
 that he had fpoken them againft the forme of 
 of divers Statutes without mentioning of any 
 in - particular, and without faying, unde fcanda- 
 lum in Regno inter Reg. & magnat. vel populum. 
 fuum oriri poterit : and hee was convidled of 
 thefe words upon his arraignment, and had 
 Judgement to be imprifoned, and to be fined 
 at the Kings pleafure untill hee had found his 
 author, according to the Statute of Wejlmin- 
 Jler the i. Ca. 34. for hee could not have pu- 
 nifhment according to the firft and fecond of 
 Queene Mary, becaufe that the time was paft, 
 and that is that he fliall bee imprifoned untill 
 he produce him unto the Court, who was the 
 firft Author of the words, and not according 
 
 to 
 
(37) 
 
 to the advife or arbiterment of the Counfell ; 
 for it is when the flander toucheth the Noble 
 men, and great Officers mentioned in the Sta- 
 tute of 2. df 12. R. 2. and not the King, for he 
 is an exempt perfon, and not implyed within 
 the words {les haults & grands homes ou nobles) 
 &c. Dyer. 155. And it feemeth that the of- 
 fence might have bin examined in the Starre- 
 chamber, and punifhed there aswell as any 
 where elfe. 
 
 One brings an Adion of forging of falfe An adion of 
 deeds againft a_ Lord, no Adion will lye a- S-o'Sagainft 
 gainfl him for it, while the fuit is depend- a Lord, 
 ing vpon the Statute de fcandal. magnatum. 
 For it refts in doubt, whether the defendant 
 be guilty or not, Dyer,fol. 285. And by the 
 the fame reafon he cannot fue the plaintiffe, in 
 the Starre-chamber depending the fuit in this 
 matter. 
 
 lames Tavernor being a Copiholder of the The making of 
 
 . ° ^ a falfe cuftoma- 
 
 Lord Cromwells of his Mannor of Northelion ry of a Manner. 
 in Norfolke made a cuftomary in Latin of the 
 faid Manor in Parchment, with eleven Labels 
 and Seales, of his owne and other Tenants 
 of the Mannor, inferting into it divers very 
 falfe Cuflomes tending apparantly to the dif- 
 inheriting of the faid Lord, and pretending by 
 the faid tytle of the Cuftomary to bee collec- 
 ted, renued and fet by the content of all the 
 freeholders of the faid Mannor being in num- 
 
 F ber 
 
(38) 
 
 ber loo, at the leaft, and allowed and permit- 
 ted by the Lord of the Mannor, & jure, con- 
 clufion, in cujus rei tefiimonium, the 1 1 whofe 
 names were fubfcribed, had put their feales 
 the day and yeare abovefaid, but no day nor 
 yeare appeared in the title, and no confent of 
 all the Tenants, nor allowance of the Lord 
 had indeed, and the feales were very flrange, 
 for upon every feale, there was a great fquare 
 feale ingraven about with Northelton. And the 
 particular feale leffe within that, by the which 
 as it feemeth the intent was to prove the con- 
 fent or allowance of the Lord, with the con- 
 fent & agreement of al the tenants, & this was 
 proved to be done wittingly, fubtilly, falfly, 
 and to the intent, and by Taverner. If this be 
 a Forgery punifhable by the Statute de An. 
 quinto RegincB Eliz. this being done in Anno 9, 
 Regin(2 Eliz. it was doubted and referred by 
 the Lo : to the confideration of all the Judges 
 quorum, opiniones pro majore parte were reported 
 by the two Chiefe luftices, that it was a For- 
 gery or counterfetting, punifhable by the o- 
 pen and fhamefuU penance contained in the 
 Statute which fpeaketh exprefly of a writing 
 fealed, as this was, and to the intent to bene- 
 fit themfelves and to dif-inherite the Lord, 
 and accordingly Judgement and decree was 
 pronounced that terme in folemne prefence 
 the Lord Keeper being abfent by reafon hee 
 
 was 
 
(39) 
 
 was not well ; And for the execution of double 
 cofts and damages recovered by the taxation 
 of the Court, it was doubted what manner 
 and forme of proces fhould be made, and af- 
 ter conference had upon it betweene all the 
 luftices of both Benches, and the chiefe Ba- 
 ron, it was agreed. That an Englifh Writt 
 fhould be made and diredled to the Sheriffe 
 of Norfolke^ rehearfing the convidlion, and the 
 Statute for the leavying of the faid cofts, and 
 of the goods, chattels and profits of the fayd 
 Land of the faid T. and to bring in the mony 
 into the' Star-chamber, the writt to be fealed 
 with the great Seale, and the Tefte or Witnes 
 to the Queene her felfe as is ufuall in the like 
 writs as goe out of the Chancery. 
 
 After this Conference and judgement in 
 the Star-chamber, the Queene pardoneth the 
 execution of the corporall punifhment, whe- 
 ther this bee good without obtaining releafe 
 of the party. Alfo quce intention. Jiat. 5. Regin. 
 Eliz. ca. 14. Note the preamble vehemently 
 penned for the increafing of the punifhment 
 for Forgery, and alfo the body of the Statute, 
 That is to fay, that the party grieved fhall re- 
 cover double cofts and damages, and that the 
 offender fliall fuffer upon the Pillory the cor- 
 porall penance ; and alfo fliall forfeit to the 
 King the profits of his land, but the plaintife 
 to be firft fatisfied, &c. 
 
 F 2 Alfo 
 
(40) 
 
 Alfo if the offender hath once fatisfied the 
 corporall punifhment, hee Ihall not bee eft- 
 foones impeached. 
 
 Alfo if the offender bee once convid, the 
 plaintife cannot releafe nor difcontinue the 
 punifhment, &c. but onely coils and damages 
 &C. Et pojlea fcilicet termino Mich. prox. it was 
 holden by Wray chiefe luflice, Sanders chiefe 
 Baron, Harperdind Manwood luftices, Barham, 
 and Gerrard Attorney, that the Queene might 
 pardon the corporall punifhment, which 
 trencht to the common example, but Dyer, 
 Moun/on, and Southcot held the contrarie, 
 Dyer 2,'2-'2. 
 Strangers rob- A Merchant ftranger that is robbed upon 
 the Sea by Englifh men, may complaine by 
 bill in the Starrechamber for it, if fo bee that 
 the King whom the Merchant is fubjefl un- 
 to, be in amity with the King of England, vide 
 Jlat. 37. Eliz. 2,-JlatuteJlaple, ca. 1 3. that he that 
 fueth before the King, and his Counfell ought 
 to prove that he which tooke him, and robbed 
 him, fuit etiam fub obedientia Regis, vel de ami- 
 citia Dom. Regis Jive Principis quarent. tempore 
 fpoliationis, 6r non inimicus Regis Jive principis 
 qucerentis quia Ji fuerit inimicus quum ccepit bona, 
 tunc no ejl Jpoliatio nee depredatio Jed legalis captio 
 prout quit, inimicus capit Juper unum & alterum. 
 Et hcec Juit opinio lujiiciar' in Cam-era Scaccar' 
 ad hoc per Cancellarium Angl. vocat. 2. R. 3. Note 
 
 that 
 
 bed on the Sea. 
 
(41) 
 
 that the faid Statute doth not fpeake that 
 they fhall be examined before the Counfell, 
 and yet the fame booke is utfupr. vide 3 1 . ^. 6. 
 cap. 4. that this matter may bee examined in 
 the Chancery. 
 
 Vide if an enemy take a fliip from an Eng- An enemy ta- 
 lifhman, and another Englifhman taketh it from an Eng- 
 from him againe, the firft from which it was a^™i,«-' En*^- 
 taken, hath no remedy if he cannot ante occa- lifliman taketh 
 fum of the fame day as it was adiudged as the^^nemy^""* 
 Vauifor faid Bar. Fits. 9. 7. 3. 4, but hee that 
 tooke it from the enemie fhall retaine it as a 
 thing gotten by battell, and neither the King 
 nor the Admirall fhall have fhare. ibid. 
 
 Vide the Satut. 27. Eliz.ca. /^. the authority Fraudulent 
 of the Court of Starchamber ferveth againft '=°'i^eyances. 
 them which make fraudulent convaiances to 
 defraud purchafers &c. By the which it appea^ 
 reth that this Court fliall punifh fuch an of- 
 fence afwell as it may be puniflied by the faid 
 Statute in another Court, And fuch a Claule 
 is in 5. Eliz. ca. 10. concerning pujury. 
 
 Note by Catlin Chiefe luflice of England A fine levied by 
 in the Starchamber before all the Queenes maried wife. 
 Counfell that if an Infant or maried wife or 
 other, levy a fine upon a grant and render in 
 tayle or for life, the hufband dies, the wife 
 nor the Infant fhall have a Writ of errour 
 during the nonage becaufe that he is the Te- 
 nant of the land himfelfe, and againe he can- 
 F 3 not 
 
(42) 
 
 Perjury volun- 
 tarily commit- 
 ted in the kings 
 Bench. 
 
 Perjury. 
 
 Perjury in 
 Chancery. 
 
 not have a Writte againft himfelfe, and fo in 
 this cafe the Infant is without remedy quod 
 nota, great mifchiefe. H. Anno. 15. 
 
 If perjury be voluntarily committed in the 
 Kings Bench by any witneffe or proofe upon a 
 fuggeftion for a prohibition there to be gran- 
 ted, againfl an Eccefiafticall ludge, according 
 to the flatut of 2. et. 3. Eliz. 6. cap. 13. where 
 the party is flayed of his Writ of confultati- 
 on, whether it might be examined and puni- 
 fhed in the Starchamber was a great queftio, 
 and upon this all the luftices were affembled 
 together at Sergeants Inn & perufed the flat, 
 of 3. H. 7. ca. 20. et II. H. "J. ca. 2^. and the 
 prouifo for the Star-chamber, in the end of the 
 Adl of 5. Eliz. ca. 9. and it feemed unto them 
 that the faid perjury was not examinable nor 
 to be punifhed in this Court of Starchamber, 
 for. 3. H. 7. ca. i. doth not provide any pu- 
 nifhment for perjury no more then it doth for 
 murder, and before 5. Eliz. there was no 
 punifhment for perjury by common Law but 
 an attaynt, Dyer. 242. 
 
 Vide my booke of luftice of Peace amongft 
 the Articles touching matters Ecclefiaflicall, 
 for perjury diuers cafes which are printed 
 there. 
 
 A man committeth perjury in the Chance- 
 ry and thereupon a bill is exhibited and con- 
 cluded contra formam Jlatuti. 5. Eliz. And it was 
 
 doubted 
 
(43) 
 
 doubted whether that the defendant Ihould 
 plead not guilty or not, and whether he fhould 
 be fworne to his plea, and alfo anfwer to in- 
 terrogatories as in the Starchamber, & it was 
 held that he Ihold not, by Catlin, Dyer, Sanders, 
 and Whiddon, except that the Chancellor have 
 abfolute authority, and hath ufed to examine 
 perjuries before. 5. Eliz. ca. 9. For then it is 
 referved by the prouifo of the faid Statute 
 afwell as for the Star-chamber, and if the 
 Chancellour will examine perjury commit- 
 ted there, vt potejl by the faid Statute, this 
 fhall bee done by Latine Bill and pleaded in 
 Latine, and iffue Ihall be ioyned and tryed in 
 the Kings bench, utfolet, in the like cafes 288. 
 Dyer. 
 
 Memorandum, that in the great cafe of For- Forgery of a 
 gery, touching the Will of Sir /. it was mo- ^'^^' 
 ved for a doubt, viz. that if one that writeth 
 the Will of a man that lyeth mortally ficke, 
 infert a claufe or article in the Will, when the 
 Teftator is fpeechleffe, and without memory, 
 nor did command him afore to put in this ar- 
 ticle or claufe, whether this fhall be a forging 
 of a Will, and punifhable by the Statute, 5. 
 Eliz. cap. 9. or no. And it was agreed and re- 
 folved upon the better opinion there, that it 
 was not the meaning of the makers of the 
 faid Law, Dier. 288. Note that the forging 
 of a Teftament by the which any Leafe for 
 
 yeares 
 
(44) 
 
 A man having 
 a Leafe for 20 
 yeares writeth 
 30 in the In- 
 denture. 
 
 Maculation or 
 blotting of 
 words. 
 
 Proteflion a- 
 gainft Purvey- 
 
 ors. 
 
 yeares is conceived, fhall bee punifhed by 5. 
 Eliz. cap. 14. by this word writing, onely. And 
 yet no mention is made of any Teftament : 
 but of a Will concerning Franktenement or 
 inheritance. And it was doubted whether per- 
 jury committed in an Ecclefiafticall Court 
 circa probationem tejl\ may be punifhed in the 
 Starchamber, by reafon of the provifo in the 
 Starchamber there. 302. 
 
 A man hath a Leafe for twenty yeares, and 
 maketh this in the Indenture thirty yeares, 
 this is no forgery of the faid Leafe, becaufe 
 that it was a good Deed, and not forged at 
 the beginning. And yet notwithflanding the 
 faid Leafe is now voyd : the firfl: Cafe is fo ta- 
 ken in the Starchamber : and for the other cafe 
 fee my Lord Dier 26. that ftriking out, and 
 maculation, and blotting of words, although 
 it bee not in a materiall place, as in the fub- 
 ftance of words contained in the Indenture, 
 defeats or difanuUs the Indenture. And this 
 was in the cafe of the Leafe made by Inden- 
 ture by A. QucBve. 
 
 Note, Fitz. nat. br. 30. that it appeareth by 
 the Regifter 289. that all perfons fpirituall 
 may fue out a prote6lion for themfelves and 
 their goods, and their Farmors of their lands, 
 and for their goods there that they fhall not 
 be taken by the Kings promooters, nor their 
 cariages or cattells taken by any of the Kings 
 
 Ser- 
 
(45) 
 
 Servants : and it appeareth by the fame pro- 
 tedlion, that King Edward in the 14 yeare of 
 his reigne, by efpeciall Statute granted this 
 priviledge to the Clergy, that he tooke them 
 into his protedtion, and their goods and ca- 
 riages : And they rnay have a fpeciall Com- 
 miflion diredled to certaine perfons, to arreft 
 fuch Purveyors or fervants, to bring them be- 
 fore the Kings Counfell, there to anfwer their 
 miffefance in this Cafe. 
 
 If a lurie doe forfweare themfelves in lurors forfwea- 
 Court Baron amongfl the free Tenants, upon in'f S''''" 
 a bill put into the court, they fhal be punifhed Baron, 
 here, for no attaint will lye in a bafe Court : 
 But if error be committed in fuch a Court, 
 the party fhall have a Writ of falfe judgment. 
 But the Copiholder of a Mannour (if falfe 
 judgement bee given againfl him) fhall not 
 have a Writ of falfe judgement, but fhall fue 
 unto the Lord of the Mannour by petition. 
 Nat. Br. for a falfe verdidl given againfl; fuch 
 a Copiholder, he may fue in the Starchamber. 
 
 A man may fue a Bill (as it feemeth) in the Buying titles. 
 Starchamber upon the Statute of buying of 
 Titles, 32. H. 8. cap. g. for the King to have 
 the forfeiture of the faid Statute, and al- 
 though the Statute aforefaid giveth the for- 
 feiture of the one moity to the King, and 
 the other to the party, yet notwithflanding if 
 the King firft commence his fuit for all, eve- 
 
 G rie 
 
(46) 
 
 A man found 
 an Ideot before 
 the Efcheators. 
 
 Vnlawfull 
 maintenance. 
 
 If a man take 
 upon Iiim to 
 maintaine, and 
 yet doe not. 
 
 Maintenance. 
 
 rie one is barred as in other penall Statutes, 
 which give the moity to the King, and the o- 
 ther moity to any other that will fue for it, 
 ut patet 3. H. 7. for the laft vide Brunkers Cafe, 
 utfupra. 
 
 Although a man bee found to be an Ideot 
 before the Efcheators or Sheriffe by inquifi- 
 tion, yet notwithftanding hee may come by 
 himfelfe, or by his friends before the Kings 
 Counfell, and pray to bee examined before 
 them whether he be an Ideot ; or he may fue 
 a Writ of the Chancery diredled to certaine 
 perfons, to bring him before the Kings Coun- 
 fell to be examined. And if he bee found no 
 Ideot before them, then that which is found 
 before the Efcheators or Sherife availeth not. 
 
 Note that 3. H. y.cap. i. faith that the Lords 
 in this Court fhall heare and determine un- 
 lawfull maintenances, &c. Ei idea, what fliall 
 be faid Maintenance, and what not, vide my 
 booke of luflice of Peace, eodem titulo. 
 
 If a man take upofi him to maintaine and, 
 yet doe not maintaine in deed, he is punifli- 
 able, Li. ajf, 30. Dier 95. A man tooke mony 
 to give a verdidl, although he gave no verdidl 
 yet notwithftanding he fhall be fined Dier 95. 
 Fitz. nat. br. iji. 21. H. 6. 2. 
 
 If I grant to B. that if my Tenant for life 
 die in my life time, that B. fhall have the land 
 for twenty yeares : In this cafe B. may main- 
 taine. 
 
(47) 
 
 taine, 9. H. 6. 64. and yet this is but a poflibi- 
 lity by Strange, and there is a Cafe vouched 
 to this purpofe. Commentar. fo. 
 
 Every one which hath intereft in the re- Maintenance. 
 verfion or remainder, may maintaine, and 
 that with his owne money,^a?W. ^r.53. 136. 
 And fo may he that hath an ufe in Law or in 
 confcience. As if an obligation bee made to 
 my ufe, I may maintaine, & vide the Cafe 
 15. H. 7. 2. where one was indebted to mee, 
 and others indebted to him, and he afligned 
 his bond to me in fatisfa(5lion of my debt, and 
 I in this cafe may fpend of my owne money 
 in this fuit, as appeareth there, 37. H. 6. 13. 
 where one buyeth an ObHgation made unto 
 another, and it was held void in Law, and al- 
 fo in the Chancery, becaufe the party had 
 not quid pro quo., for it is a thing in a6lion, and 
 therefore if he bring an adlion upon this bond 
 in the Obligees name, this feemeth mainte- 
 nance, becaufe he hath no intereft. 
 
 The Statute aforefaid of 3. H. 7. cap. i. fpea- 
 keth moreover of the giving of Liveries, that 
 if a man take a Livery, and doe not ufe it, 
 yet he fhall be punifhed for it, 5. H. 7. iS.per 
 Huffey, & 6. H. "j.per Wood ^.ccordm^y gucere 
 the Statute aforefaid fpeaketh of Retainers 
 by Deed to promife without Deed, for Retai- 
 ners vide 8. Ed. ^.fol. 2. 
 
 Item, the faid Statute fpeaketh of Embra- Embracery. 
 G 2 cers. 
 
(48) 
 
 cefs, who fhall be faid an Embracer, vide my 
 Booke of luftice of Peace, titulo, Maintenance, 
 Embracery, Champertie, &c. 
 Embracery. Note that a Decies tantum will not lye a- 
 
 gainft an Embracer, if he embrace and doth 
 not take money, for he mull take money and 
 embrace. Alfo where this a6lion is main- 
 tainable, /V'/^r, Nat. Br. 171. Ijffue 100. 37. 
 ^.6.31. 
 
 If a man take mony, or buyeth lands for 
 leffe than it is worth, for to embrace or to 
 give a verdidl, it is all one, &c. Decies tantum 
 Fitz. nat. g. 41. ^. 3. 
 
 lurors tooke money after they had given 
 their verdidl, without any covenant afore- 
 hand, whereof they were convidted by ver- 
 didt, and every one was fined at a noble. This 
 Cafe is out of the Statute of Decies tantum, 
 39. lib. aff. 19. and fo it fhall be punifhed in 
 this Court, becaufe that they have power to 
 punifli lurors which take money, as it appea- 
 reth by the Statute of 3. H. 7. cap. i./upr. 
 
 A Lawyer which taketh money to embrace 
 lurors fhall bee punifhed by the Statute of 
 6. Ed. 4. 5. Decies tantum. Fitz. nat. br. 171- and 
 yet notwithftanding for taking of money to 
 give in evidence, fhall not bee punifhed. It 
 feemeth that embracers fhall bee puniflied 
 which take money, and labour the lurors to 
 paffe the one way, or the other, although the 
 
 lurors 
 
(49) 
 
 lurors give up their verdid as they fhould 
 doe. 
 
 Note that lurors which take money, and lurors which 
 are attainted fhall not be put in Affize, Juries ^^^ "'°''^^- 
 or Enquefts, but fhall be fent to prifon, and 
 moreover punifhed at the Kings pleafure, 
 5. Edw. 3. ca. 5. Note that this Statute was 
 made long time before the ftatute of Decies 
 tantum which was made in 34. Ed. 3. ca. 8. And 
 this ftatute of 34. Ed. 3. giveth no imprifon- 
 ment, but where a luror or Embracer hath 
 not fufficient to make recompence. 
 
 The faid Statute of 3. H. 7. fpeaketh alfo Vntrue re- 
 of the untrue demeanour of Sheriffes in im- ^"heriffes. 
 panelling of Juries, and in untrue returnes : 
 concerning falfe returnes, fee Bronkers ca,fe/ti- 
 pra'in this title, & vide the Statute of 23. H. 6. 
 ca. 10. for Sheriffe, for extortion, and taking 
 of mony ; And videtho. title of Sheriffes in my 
 luflice of Peace. 
 
 Item, the faid Statute fpeaketh of Ryotts, Ryots, &c. 
 and fee the title of Ryots and Routs in my lu- 
 flice of Peace. 
 
 Item, by the faid Statute of 3. H. 7. it appear- Taking of mo- 
 eth, the Lords fhall punifh taking of money SraS.' 
 in lurors or Imbracers, although the partie 
 might have beene punifhed by Statutes that 
 have beene made. 
 
 If a man maintaine another whilefl the plea Maintenance, 
 is depending pro parte Reg. hee fhall bee pu- 
 G 3 nifhed 
 
(50) 
 
 niflied in the Starre-chamber. For every 
 Champarty implyeth a maintenance, vide 
 32. H. 8. ca. 
 
 If a man exhibite a Bill againft 2, and pray 
 to have proces againft them, but the plaintife 
 ferveth but one of them : If the defendant 
 have a commiffion to take their anfwer, and 
 the Commiffioners take their anfwer, and the 
 plaintife doth not joyne in the Commiffion, 
 here hee fhall loofe the benefit of examining 
 the defendant upon interrogatories, and ther- 
 fore fee that is good, that the plaintife joyne 
 in the commifTions to the intent that hee may 
 exhibite interrogatories. Vigilantibus & non 
 dormientibus fubveniunt leges. 
 Entring into a Trefpaffe for entring into his houfe, and ca- 
 ?y°nJawl/of ^ing ^way of writings, and the defendant 
 writfngs. pleads not guilty, the enqueft faith that the 
 
 defendant came into the houfe of the plaintife 
 when the plaintife was not there, and faid un- 
 to the plaintifes wife, that hee bad that fhee 
 fhould deliver the faid writings unto him, 
 which fhe did, whereupon Higham awarded 
 that the defendant fhould be imprifoned, and 
 that he fliould not bee releafed untill hee had 
 redelivered the faid writings unto him ; And 
 damages were affeffed becaufe he came with 
 a falfe meffage, Trefpaf-fhip 240. 34. Ed. i. 
 vide the flatute of 33. H. 8. ca. i. how one 
 fhould be punifhed there for getting of mo- 
 ney 
 
(50 
 
 ney, or by a falfe meffage, or counterfeit Let- 
 ters or tokens. See Worjley his cafe eodem titii- 
 lo, vide i.R.2. ca. 4. How Lords or Noblemen 
 ftiall bee punifhed that maintaine quarrels in 
 the Country or any where elfe. 
 
 A Merchant Stranger which came into a Carier ope- 
 England by the Kings fafe condud did deliver "'°& P.^f''?, 
 
 ° . -L ° committed to 
 
 certame Merchandize to one of the Kings him not to be 
 fubjedls at South, to cary, who opened the pac- "P^"^"^- 
 ket, and took things out, whereupon the For- 
 reiner exhibited a Bill in the Starre-chamber 
 before the Kings Counfell there, whether this 
 were Felony or no. It was referred to the 
 luftices, and held to be felony, and fo the lu- 
 ftices certified the Chancellor, and the Kings 
 Counfell. And it feemeth by the booke that 
 a Merchant fliall not loofe the Mercandizes, 
 becaufe hee comes hither with the Kings fafe Safe condua 
 conduit, ut/upra, 1 3. Ed. 4. 9. And it is faid iirangers.^" 
 there that it was adjudged that notwithflan- 
 ding the ftatute which giveth that the fafe 
 condudl fhall be enrolled, and the number of 
 the Marryners, and the name of the Ihip, That 
 where fafe condudl is, and hath not his due 
 circumflances according to this, yet it fhall 
 be allowed, for Aliens fay that they are not 
 bound to know our ftatutes for they come by 
 reafon of the Kings privy Seale ypon his fafe 
 condufl: : And if that fhould not be fufficient 
 then Ihould they bee deceived ; and yet not- 
 
 withflanding 
 
(52) 
 
 withftanding fome fay that the ftatute made 
 for forfeiture of Merchandize bindeth Mer- 
 chant ftrangers aswell as Denizens, vide Fo- 
 gajfa his cafe, Content fol. i. It is held by the 
 Chancellor in the firft cafe, that a Merchant 
 llranger which comes by fafe condu6l is not 
 bound to fue by the Law of the Land, to try 
 a thing by twelve men, but that it fhall bee de- 
 termined according to the Law of nature, in 
 the Chancery : And by this it appeareth that 
 the Court of Star-chamber was before 5./^. 7. 
 ca. I. 
 CoUufion upon Note that one Grevile was bound with one 
 
 a°fuerly ha?me- ^^^^' ^"^ ^"^^ ^he debt of the faid H. in an hun- 
 leffe. dred pound to one Dawby a Merchant for the 
 
 payment of 50. pound, at a certaine day, and 
 H. was bound to Grevile by obligation to 
 fave him harmleffe againft D. H. payeth the 
 money, 50 pound at the day or within three 
 dayes after, and his bond given him, in the 
 which G. and H. were bound to D. G. being 
 neither fued nor damnified by this debt prac- 
 tifed with one P. that G fliould bring an adi- 
 on upon the faid obligation againft the faid 
 H: and then it was agreed, that P Ihould ap- 
 peare as H. his Attourney, and confeffe the 
 adtion without any ordinary rule of the 
 Court to anfwer: The plaintifes Attourney 
 pleadeth unto him, non fum in/ormatus, and 
 upon this G had H. in execution, and H ihew- 
 
 eth 
 
(53) 
 
 eth this matter to the Court, whereupon a 
 vacai was made of the Judgement, and ZT en- 
 larged, and P committed to the Fleet, and to 
 (land upon the Pillory. And G was bound 
 to the Queene in a Recognizance of two hun- 
 dred pounds to appeare in the Common 
 Pleas. And this devife and lewd pradife was 
 made and devifed betwixt G and P to ftoppe 
 or difcharge a" debt, in the which the faid G 
 was bound unto the faid /f. Dyerfo. 331. Note 
 that this order that P ftiould ftand upon the 
 Pillory was ordered by the Court of Starre- 
 Chamber as it feemeth. 
 
 Note, Dyerfol. 249. faith that an order and A Prifoner in 
 decree was made in the Star-Chamber, 2. H. debt muft & 
 4. 8. by the devife of divers luftices there be- ftraitiy kept, 
 ing, viz. both the Chief e luflices of both the 
 Benches, Fitzherb. and Spillins luflices, that 
 by the Law fuch a prifoner as is in execution 
 in the Fleet for debt fhall not have his liberty 
 within the prifon, nor without with the Kee- 
 per, but fhall bee kept very llraitly in Ward, 
 and an Injundlion of this was fent to all the 
 Keepers of the prifons in London to obferve 
 the faid Order and Decree upon paine of an 
 hundred pound, and fo fee the authority of 
 the Court that by good difcretion it may or- 
 der things, although they be not mentioned 
 in the ftatute of 3. H. 7. ca, i. 
 
 H R.A. 
 
(54) 
 
 R. A. was attainted of diffeifin with force 
 An Item for whereupon an exigent went out, which Writ 
 Shoriffes. ^^g Sherifife returneth: And that the King 
 
 fent unto him the Writ under his feale, that 
 he had pardoned the trefpaffe and imprifon- 
 ment, and commanded that hee Ihould not 
 be endamaged for this caufe : fo that hee had 
 nothing by reafon of this commandement, 
 and returneth the Kings Writ ; And becaufe 
 this Writ fhould have beene fent to the lu- 
 ftices, and they ought to have commanded 
 the Sheriffe to furceafe (for a Shefiffe cannot 
 furceafe by reafon of any Writ in the Law, 
 but by warrant out of the place from whence 
 hee had his commandement) The Sheriffe 
 was amerced, and a new exigent awarded, 
 14. E. 3. titulo of Vicount Fits 89. As touch- 
 ing that the faid privy feale ought to have 
 beene fent to the luftices, vide 4. E. 4. 14. 
 
 A Sheriffe having a Writ of Atachment 
 Coram Domina Regina & conjilio in Camera Jlel- 
 lata apud Wejlm. 15. Pafche ad refpondend. 
 diSl. DomincB Regince & conjilio fuo de quodam 
 contemptu, &• ad faciend. & recipiend. ulterius, 
 &c. arrefted the party, and tooke bond of 
 him, indorfed with this condition, viz. that 
 if hee Ihall perfonally appeare before the 
 Queenes Majeftie, and her Counfell at Wefl- 
 minjler 1 5. Pa/che, and then and there fhall an- 
 
 fwer 
 
(55) 
 
 fwer a contempt by him made againfl the 
 Queene and her Counfell; then if thefe 
 words, viz. (and then and there fhall anfwer) 
 feem to be an addition more the is in the fta- 
 tute, 23. H. 6. ca. lo.garr. Ideo vide, whether it 
 be void or not. It was demurred upon in 
 Law, and by the opinion of Dyer and Wind- 
 ham, the obligation is good enough, for it 
 amounteth to as much as to fay (then and 
 there to anfwer to a contempt, &c.) which 
 had been good, and by this obligation no pro- 
 fit accreweth to the Sheriffe or to any other 
 perfon but onely to anfwer to the King, &c. 
 which was the intent of the Statute of 23. H. 
 b.fed Mede contra, and iudgement was given, 
 Mick. 22. & 23. Eliz. per Dyer 364. 
 
 Memorandum, quodpatet 34. H. 6. rotulo 2,7 • J^^'? that be- 
 in banco Regis, That one Vernay which was in for debt frau- 
 execution in the Fleet for debt unto the King duientiy pro- 
 
 o cure themfelves 
 
 and another procured themfelves fraudulent- to be indited, 
 ly to be indited of fellony, .to the intent to 
 defraud their creditors of their debts, and 
 procured themfelves to be removed out of 
 the Fleet by a Corpus cum caufa, &c. directed 
 to the Warden of the Fleet to be committed 
 to the Marfhalfey ; and thefe executions were 
 returned into the Kings Bench, whereupon 
 the King being informed of this intent of the 
 prifoners, and of divers of their fucli fraudu- 
 lent pradlices to deceive their creditors by 
 
 H 2 this 
 
(56) 
 
 this procurement to bee indited of fellony, 
 and to be arraigned upon it, and to confeffe 
 the fellony, and to betake themfelves to their 
 Clergy, to the intent to be out of the power 
 of Temporall Lawes, and afterwards by 
 meanes to make their purgation, and bee 
 difcharged : The King by his Privy Scale di- 
 redled unto the luftices of the Kings Bench, 
 commanded them to furceafe the arraigne- 
 ment of him untill they had heard further 
 commandement from him and his Counfell, 
 Dier 245. vide i. H. 7. 7. One was arrefled in 
 London upon a plaint which was not at the 
 Common Law, afterwards the defendant 
 was indited in the Kings Bench of trefpaffe, 
 and was removed thither by habeas corpus out 
 of London, and becaufe he could not appeare 
 by Atturney in the Kings Bench, but in pro- 
 per perfon, he was not fent backe, which was 
 held cleerly fufpitious ; and yet hee was dif- 
 miffed out of London, for he acknowledged 
 the trefpaffe, and was committed to the 
 Marfhalfey, and afterwards hee found furety 
 for fine to the King, and was difcharged, 14. 
 H. 7. 7. printed by Covin fhall not be allowed, 
 6. Ed. 4. 4. One was in execution for the par- 
 tie for damages, recouered in rediffeifin, and 
 afterwards attainted by outlawry of fellony, 
 and pardoned for it, who was againe in exe- 
 cution for the party, and yet notwithftan- 
 
(57) 
 
 ding once he was in fome fort difcharged, be- 
 caufe that when the Kings intereft and of a 
 common perfon concurre together in an en- 
 tire thing as in the body, &c. the King fhall 
 be preferred ; but if he had beene found guil- 
 tie, and had his Clergy, he fhould be delive- 
 red into his former eflate, /. Illingworth and 
 Markham : And the reafon is, becaufe that 
 in this cafe hee is out of the Court, and dif- 
 charged of this ; but in the cafe of rediffeifm 
 ui/upra, he abideth alwayes in the keeping of 
 the Court, 6. E. 4. vide 24. E. 3. 12. & 6, H. 4. 
 8. vide 4. E. 4. 9. 
 
 If a man make a proclamation without A man haying 
 priviledge or cuftome, he fhall be fined and i"edge^nor"cu- 
 committed, and fo was Sir /. K. of North, ftome to make 
 
 , . , _ , , . , , . Proclamation. 
 
 which caufed proclamations to be made in 
 divers Townes, that every one to whom /. S. 
 was indebted fhould come unto him to the 
 which /. S. was executour, and that they 
 fhould be paid, and he was committed for 
 this, and fined. Proclamation Brooks 10. 22. 
 H. 8. and this matter fhall bee examined in 
 this Court. 
 
 FINIS.